Topic: each case must be decided on its own facts, on the basis of… · Go Syfert
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Topic #2314

3 canonical passages across 3 cases, quoted by 12 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Reed v. Bowen.

#Case FlagCanonical passage Citers
1 Reed v. Bowen Anchor
ca10 · 1988
green “each case must be decided on its own facts, on the basis of 'practicalities and prudential considerations.” 5
2 Adamson v. Bowen
ca10 · 1988
green “that the claims of individual putative class members may differ factually should not preclude certification under rule 23(b)(2) of a claim seeking the application of a common policy.” 4
3 Smilow v. Southwestern Bell Mobile Systems, Inc.
ca1 · 2003
green “courts traditionally have been reluctant to deny class action status under rule 23(b)(3) simply because affirmative defenses may be available against individual members.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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